arms and civil liberties are regulated by different laws. At Pem- A. D. 1651. aquid, it was mostly conservative, without power or proportion, to any known extent. All the other settlements and places within the Sagadahock territory, were wholly destitute even of a civil magistracy;—a circumstance, which, though it may be urged to prove the sobriety and peaceableness of those places, surely did not evince very strongly the wisdom and energy of the people. In Lygonia, it was proprietary, and of some force and regularity, though without the constitutional forms and executive vigor, necessary to render its rulers and ordinances respected. The death of the illustrious Proprietor, had spread a shade over the whole Province, and filled the people with doubts, whether all political authority and power had not expired with him. In the mutilated Province of Gorges, the government was now confederative. It possessed, it is true, the properties of system and union, yet not the strength and ability adequate to self-protection or defence. Many of the Provincials were sufficiently apprized of their condition; and, perceiving the colonists of New-Hampshire in the full enjoyment of privileges and prosperity, since they had become connected with Massachusetts, were strongly inclined towards a similar coalescence. Particularly, the inhabitants of Kittery were desirous of the event;* and the government of Massachusetts, pleased with the project, saw, that by a new and plausible construction of its charter, the object might be attained upon the grounds of right and justice. *Hutchinson's Coll. p. 314-17. A. D. 1651. setts extends her claims eastward. CHAPTER IX. Massachusetts' Claim to Maine-Controversy between the General Court and the Eastern Provincials-Survey of the eastern boundary--The dispute continued--Lygonia-Commissioners appointed to admit the inhabitants of Maine as freemen-Kittery and York submit-Isles of Shoals-Yorkshire established-Courts constituted and privileges guarantied-Officers-Deputies from Kittery and York to the General Court-The inhabitants of Wells, Saco, and Cape-Porpoise admitted freemen―Those places made towns— Officers-Regulations—Commissioners' protest-Support of Ministers required-Eastern opposition to Massachusetts-Records of Yorkshire collected. As the charter of Massachusetts colony embraced all the lands Massachu- "within the space of three English miles, to the northward of the "river Merrimack, and to the northward of any and every part "thereof;"-her government contended, that by obvious construction, all the territory south of a line stretching eastward, across the country, from a point three miles north of that river's source, to the same minute of latitude on the seashore, belonged to her jurisdiction. This was a new claim; and the General Court at Boston, in prosecuting it were quickened in their movements, by reason of late reports, that several provincials in Maine, had petitioned Parliament for a charter of government; and that others, probably the majority, had expressly given a decided preference to be connected with Massachusetts.* There was no time to be lost. Even the commodiousness of the river Piscataqua, and the irreparable injuries to be sustained, if it were in the possession of other than her friends, were urged as arguments against delays. The two branches of the legislature, being determined to proGen. Court, ceed with all the civilities, which the delicacy of the subject re Proceed ings of her any * Hubbard's N. E. p. 542.-In years past the Province of Maine had pursued a course disagreeable to Massachusetts, both "in their ministry "and civil administration."-Winthrop's Journal, p. 275. quired, directed, at their October session, that addresses be pre- A. D. 1651. pared and transmitted to Edward Godfrey and his Council, and to the inhabitants at large in the Province of Maine; acquainting them with the grounds and reasons of their claim. They also appointed three of their most distinguished citizens, Commissioners, viz. Simon Bradstreet, a venerable Councillor, Daniel Dennison, Commander-in-chief of the Militia, and William Hawthorne, Speaker of the House; and gave them instructions to repair to the Province and admit the inhabitants, by their consent, into the jurisdiction of Massachusetts. Should they meet with opposition, they were directed to protest against all pretended combinations, government or exercise of authority therein; and in general to proceed according to the dictates of their discretion.* tion to Par liament. The Commissioners made the appointed visit, but returned with- Gov. Godout success. Meanwhile Governor Godfrey convened a Provin-frey's peti cial Court, Dec. 1, and they resolved to present another petition to the House of Commons, which was addressed thus ;"To the right honorable the Council of State appointed by Par"liament ;"— We esteem it our greatest honor and safety to be under the present government, established without king or house ' of lords; and request the benefit of the common safety and 'protection of our nation. We beg leave also to state, that divers inhabitants of this Province, by virtue of sundry patents, and ' otherwise, have for these twenty years been under the power and guidance of Sir Ferdinando Gorges, who had these parts assigned to him for a Province. But he being dead, and his son, by reason of heavy losses sustained, taking no care of our 'political welfare; and most of the charter Councillors, or Com'missioners, having died or departed the Province, we were under 'the necessity of combining together for the purposes of government and self-protection, according to the laws of the realm. 'It is our humble prayer, therefore, that our confederative union. 'may be confirmed; that we may be declared members of the • Commonwealth of England; that the privileges and immuni'ties of freeborn Englishmen, may be granted and secured to ' ourselves and our posterity, as established rights usually enjoyed 2 Mass. Rec. p. 84.-Hawthorne is the first Speaker mentioned of re cord.-1 Hutchinson's Hist. p. 150. [Note .] A. D. 1651. by other Provincial subjects; and that the same favors 'bestowed upon us as upon the other colonies.' A. D. 1652. Defeated by setts. North limit of Mass. patent sur veyed. "Per me EDWARD GODFREY, Gov. "in behalf of the General Court." may be In resisting the assumptions of Massachusetts, Godfrey and Cleaves, with their respective partizans, who had been till now inveterate foes, were naturally drawn into the same lists, as joint defendants and coadjutors. For there were apprehensions, that if the claim were pursued to its utmost extent, it would take in a large part of Lygonia ; and Cleaves, about to visit England, was to be the bearer of the petition, and also its advocate at court. More confident hopes of his success were entertained through the surviving influence of Col. Rigby, whose particular patronage Cleaves might urge with the greatest truth and propriety. He was also furnished with one argument, thought to be unanswerable; this was the Commissioners' late decision in favor of Rigby's Province. The petition itself was drawn up in very courtly terms, and he knew the Commons were strongly prepossessed in favor of colonial rights and privileges. But Massachusetts, aware of these proceedings, though they were intended to be kept secret, took immediate measures to defeat the petitioners; and her agents at court with no inconsiderable ingenuity, stripped off the veil and exposed the disguise, by shewing the project to have originated exclusively among American royalists. These circumstances and the prevalence of the same religious and political sentiments in Massachusetts as in Parliament, threw the petition into oblivion. Massachusetts now determined to pursue her claim to its farthest extent, and with renovated vigor. At the May session, the Legislature resolved that the charter-line did extend eastward from a place, three miles above the northernmost head of Merrimack river;—to discover and establish which, they appointed Simon Willard and Edward Johnson Commissioners of survey. These were directed to procure suitable articles and assistants, and with all convenient despatch take "a true observation of the latitude, at the place," with their utmost skill and ability, and make return of their discoveries and services, at the next session of the General Court.* * 2 Mass. Rec. p. 114–15. Three other Commissioners were also appointed to treat with the people of Maine upon the subject of union. The skilful artists selected, were John Sherman of Watertown, A. D. 1652: and Jonathan Ince of Cambridge College. These and the Commissioners made the proper examination, and afterwards returned upon their oaths;—" that at Aquahatan, the head of the Merri"mack, where it issues out of the lake called Winnepuseakik,* "on the 1st day of August, 1652, we found the latitude of the "place 43° 40' 12"; besides those minutes allowed for the three "miles further north which extend into the lake."+ Governor Godfrey, in the mean time, addressed a letter to the Opposition of Godfrey. Court, stating his surprise and resentments at their conduct. An attempt to hold the Province of Maine under your charter, said he, or by any other legal title, without the pretence either of purchase, prior possession or anterior claim, and also without the peoples' consent, is the height of injustice. Far different treatment have you received from your eastern neighbors. Yes, added he, when that charter of yours was heretofore threatened, with a quo warranto, at the Council Board in England, and your agents were struck with the muteness of statues; it was I, who answered the objections and obviated the cavils. Hitherto you have declared yourselves satisfied, with your own' possessions, as bounded on a line parallel with the Merrimack, three miles distant from its source, and its northerly bank, following its meanders to its mouth; whereas you are now bursting your bounds, and stretching your claims across Provinces, to which, till lately, no man however visionary so much as imagined you had any right. Your commissioners, it is true, have communed with us plausibly about equal privileges; yet such is the charity you have heretofore manifested, towards our religion, and other interests, that we trust you will excuse us, if we are the more wary of your proposals and promises. The reply of the General Court, signed by Edward Rawson, Reply of their Secretary, was of the following tenor : Worshipful Sir-Our patent, by Divine Providence, continues to be firmly established, under the great seal. It is true, it was demanded, yet never prosecuted to final judgment; and the Commonwealth of England has by express recognition since, That is, the point will be at 43°, 43′, 12", adding 3 miles to the above latitude.-1 Haz. Coll. p. 571-2. the Gen. Court. |